326 - Domestic Violence and Dating Violence (1 of 2) Flashcards Preview

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Flashcards in 326 - Domestic Violence and Dating Violence (1 of 2) Deck (52)
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Who is the owner of Order 326 - Domestic Violence and Dating Violence

Assistant Chief of Major Case


_____ - Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.



With the exception of persons who_____, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

have a child in common


_____ - Means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.



Dating Violence: The existence of such a relationship shall be determined based on the consideration of the following factors:
a. A dating relationship must have existed within the past _____
b. The nature of the relationship must have been characterized by the expectation of _____ involvement between the parties;
c. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved _____ and on a _____ basis during the course of the relationship;
d. The term does not include violence in a _____ or violence between individuals who only have engaged in _____ in a business or social context.

a. six months;
b. affection or sexual
c. over time; continuous
d. casual acquaintanceship; ordinary fraternization


For the purposes of dating violence _____ means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.



REPEAT VIOLENCE – Two or more incidence of violence or stalking committed by the respondent, one of which must have been within _____ of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.

six months


_____ – Any one incident of sexual battery as defined in chapter 794, a lewd or lascivious act as defined in chapter 800; committed upon or in the presence of a person younger than 16 years of age; luring or enticing a child as described in chapter 787; sexual performance by a child, as described in chapter 827; or any other forcible felony wherein a sexual act is committed or attempted regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the State Attorney.



_____– A court order requiring a person to do or refrain from doing a specified act.



A repeat, sexual or dating violence injunction is granted for _____, unless the victim _____

a fixed period
petitions the court for an extension.


TEMPORARY DOMESTIC, REPEAT, SEXUAL OR DATING VIOLENCE INJUNCTION - is in effect until a full hearing can be held or for a period of _____, whichever comes first. The Court may extend the temporary injunction beyond this time for _____.

15 days
good reason


Response procedures DV: Officers will notify their _____ when all efforts to contact the occupant(s) have failed.



Response procedures DV: After reviewing the circumstances surrounding the call, the _____ will determine if a forcible entry should be made;



The initial actions of the responding officer(s) shall be to _____

provide safety to all parties concerned.


Officers responding to incidents of domestic/dating violence which involve members of the Sheriff's Office will notify their _____, and the _____ will notify the _____.

responding supervisor
Integrity & Special Investigations Unit


Response procedures DV: Prior to affecting an arrest of a Sheriff’s Office employee, the _____ will be consulted.

zone commander or designee (assistant chief or higher authority)


Most of the time, in the absence of _____ for protection, neither party can be forced out of the house unless an arrest is made;

an injunction


Officers cannot enforce a custody order unless there is a provision in the order _____ (this does not prevent an officer from enforcing an injunction for protection which may contain a provision relating to child custody enforcement action);

directing the police to take specific action


A custody order must contain the following language in order to be enforceable by a law enforcement officer: _____ as to what the Sheriff or a law enforcement officer is directed to do (e.g., go to the husband’s house forthwith to pick up a child and return the child to the mother).

Specific instructions from a judge


Officers shall not enforce a custody order unless the order _____

specifically directs the Sheriff or a law enforcement officer to take a specific action(s).


A custody order from another Florida jurisdiction (will/will not) be enforced as if it was a local custody order;



An out-of-state jurisdiction custody order will not be enforced unless _____

it has been validated by a local circuit judge.


Children should generally be left where they are unless it is necessary to remove them for: (3)

(a) Their protection;
(b) The protection of others; or
(c) At the direction of a court order which specifically states for law enforcement to remove the child.


If an arrest is not made, or the officer decides to arrest two or more parties, the officer shall include in the report _____ (A General Offense Report is required whether or not an arrest is made)

the grounds for not arresting anyone or for arresting two or more parties


DV cases: Complete a _____; The PIN should be a ____ digit number the victim can easily remember;

Victim Information and Notification Everyday Request (VINE)


In cases of sexual battery/domestic violence/dating violence, a _____ will obtain the statements of the victims and witnesses upon case assignment; and

Special Assault Detective


DV: Officers, will whenever possible, interview children who were present at the time of the incident. Children age ____ and above are to be interviewed (depending on their mental development) for information relating to the incident.



If the child offers enough information to be considered a witness, rather than just someone present in the household, the child will be listed in the _____ of the offense report.

Witness Section


Pursuant to F.S.S. 39.01(2), child abuse may be defined as harm to a child’s health or welfare and can occur when any person engages in violent behavior that demonstrates a _____ that could reasonably result in serious injury to the child.

wanton disregard for the presence of a child


If the officer's investigation requires the presence of a detective, it shall be the responsibility of the _____ to conduct the interviews of the children.